Last August we completed a house move in Chesterfield. We have since encountered a number of issues with the house which we believe were overlooked in the conveyancing searches. What action can we take? Can you clarify the nature of searches that should have been ordered as part of conveyancing in Chesterfield?
The query is not clear as to the nature of the problems and if they are relate to conveyancing in Chesterfield. Conveyancing searches and investigations initiated during the buying process are designed to help avoid problems. As part of the process, a property owner answers a questionnaire called a Seller’s Property Information Form. If the information turns out to be misleading, then you may have a claim against the vendor for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Chesterfield.
What does my ID and proof of funds have anything to do with my conveyancing in Chesterfield? Why is this being asked of me?
Chesterfield conveyancing solicitors and indeed property lawyers accross the UK have a duty under money laundering regulations to verify the identity of any client in order to satisfy themselves that clients are who they say they are.
Conveyancing clients will need to produce two forms of certified identification; proof of ID (usually a Passport or Driving Licence) and evidence of address (typically a Bank Statement no more than three months).
Confirmation of source of monies is also required in accordance with the money laundering regulations as lawyers have a duty to ensure that the money you are using to purchase a property (whether it be the deposit for exchange or the total purchase monies if you are a cash purchaser) has originated from legitimate source (such as an inheritance) and is not the proceeds of illegitimate activity.
Do I select a Licenced Conveyancer or Solicitor for conveyancing in Chesterfield?
Two types of professional can conduct conveyancing in Chesterfield namely licenced conveyancers or solicitors. Both professionals administer conveyancing services that you need to complete the disposal or purchase of property. Both are obliged to handle Chesterfield conveyancing on similar standards and guidelines so you may be safe in the knowledge that your conveyancing will be properly administered and that the requirements and procedures should be suitably taken.
After weeks of negotiation I have agreed a price on an apartment in Chesterfield. My financial adviser pressured me to appoint their solicitor. I paid an advanced payment of £200. A couple of days later, the conveyancer called me embarrassingly acknowledging that they were not on the Bank of Ireland conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Bank of Ireland panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
My sealed bid on a semi in Chesterfield has been agreed to, the vendors do however have a tied purchase. The vendors have offered on somewhere, however it’s not been accepted yet, and have viewings of other flats booked. I have chosen a bricks and mortar conveyancing solicitor in Chesterfield. What do I do now? When do I get the mortgage application with Bank of Ireland going?
It is understandable to have apprehensions where there is a chain as you are unlikely to want to incur expenses prematurely (mortgage application is in the region of £1k, then valuation, Chesterfield conveyancing search fees, etc). The first course of action is to ensure that your conveyancer is on the Bank of Ireland conveyancing panel. Concerning the subsequent stages this very much depends on the circumstances of your transaction, motivation for the property and on the state of the market. During a buoyant market some purchasers will apply for a home loan with Bank of Ireland and pay for the valuation and only if it comes back ok would they pay their solicitor to proceed with searches.
What can a local search tell me regarding the house my wife and I purchasing in Chesterfield?
Chesterfield conveyancing often commences with the ordering local authority searches directly from your local Authority or through a personal search company such as PSG The local search plays an important part in many a Chesterfield conveyancing purchase; as long as you wish to avoid any unpleasant surprises after you move into your new home. The search should provide data on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 topic headings.
In what way does the Landlord & Tenant Act 1954 impact my business property in Chesterfield and how can your lawyers assist?
The 1954 Act affords protection to business leaseholders, giving them the right to make a request to court for a new lease and continue in occupation at the end of the lease term. There are limited grounds where a landlord can refuse a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Chesterfield is one of the many areas of the UK in which our lawyers are based